Montano, Donna

Donna Montano sustained industrial injury to her brachial plexus and developed thoracic outlet syndrome during a cumulative period from April 3, 1976 through January 6, 2003, with the WCJ finding 97% permanent disability after apportionment. Applicant petitioned for reconsideration, arguing she was permanently and totally disabled and that the apportionment opinions of the neurology AME (Dr. Fink) and psychiatry AME (Dr. Stanwyck) were not substantial evidence. The Appeals Board granted reconsideration and, applying Shipley to excuse the lapse of the 60-day jurisdictional period, found the record required further development on permanent disability and apportionment. The Board concluded the treating physicians' reports failed to account for the brachial plexus injury and thoracic outlet syndrome in rating orthopedic disability, and that the AME apportionment opinions did not satisfy Escobedo. The Board affirmed the undisputed parts of the F&A but rescinded findings on permanent disability and apportionment, returning the matter to the trial level for development of the record and a new decision.